Fraudulent badge use leads to dismissal: Supreme Court confirms worker has lost his job for good

There are ways and ways to get yourself sacked. But the method chosen by the EAV employee (Ente Autonomo Volturno, the company that runs public transport in Naples and Campania) is a textbook example of what not to do. The Court of Cassation has just put the final word on a story dripping with cunning and little professionalism: it upheld the dismissal of a worker who used his badge fraudulently. No reinstatement, no second chance. The employment relationship is severed for good.

The protagonist, a certain Mr Nappi (his name already appears in the judgment), thought he was cleverer than everyone else. His little trick? He would have a colleague clock in his badge for him, or he would activate it himself before leaving, making it look like he had worked hours he never actually put in. In short, a fraud against the company and against every citizen who pays for a ticket. The termination of employment came after an internal process, and now the Supreme Court has sided with EAV: the dismissal is valid – indeed, perfectly justified.

When your badge becomes a weapon for dismissal

Many people think that dismissal for economic reasons is the most common cause of contract termination. Or that collective redundancy is the nightmare of large companies in crisis. But here we are talking about something else entirely: trust, honesty, good faith. Italian law (Article 2119 of the Civil Code) says that the employment relationship can end immediately without notice when the element of trust is broken. And a tampered badge is the ultimate proof that an employee is not reliable.

• Badge fraud (as in the EAV case): clocking in for someone else or having someone clock in for you is a deception that justifies straightforward dismissal.
• Prolonged unauthorised absences – another classic that leads to contract termination.
• Insulting or threatening your boss in the office: the Court of Cassation has ruled that dismissal can also be valid in moments of anger, if the incident is serious.
• Unfair competition – working for a rival company during your working hours or using your employer’s resources.

This recent judgment leaves no wriggle room: the Supreme Court has reaffirmed that an employer does not have to tolerate fraudulent behaviour, even if the employee has long service or past merits. The first-instance judge and then the Court of Appeal had already ruled in favour of EAV. Nappi’s last attempt was to take the fight to the Court of Cassation, hoping for a softer reading of the rules. Instead, the judges closed the case with a firm "dismissal lawful".

Not just fraud: when the job ends for economic reasons

Of course, not all dismissals arise from wrongdoing. In my years as a journalist, I have seen dozens of terminations of employment due to company crises, restructuring or offshoring. Dismissal for economic reasons is a social scourge, especially in the South. But be careful: even in those cases, the employer must prove that it was impossible to redeploy the worker. It is not enough to say "we have no money left". In the case of a fraudulent badge, however, the evidence is glaring and the judge won’t save you.

The same applies to collective redundancy – the kind that involves at least five people within 120 days. That process involves union procedures, negotiations, social safety nets. Here, by contrast, there are no negotiations: one dishonest act and the contract snaps like a dry biscuit. The Court of Cassation wanted to send a clear signal: good faith in carrying out your work is not an optional extra – it is the very heart of the employment relationship.

So, dear readers in Naples and across the rest of Italy, if you ever get the bright idea of being a bit too clever with your badge, remember Mr Nappi. His story is already in the employment law textbooks as an example not to follow. And for those on the other side – perhaps the victim of an unfair dismissal – the path is different: documentation, witnesses and a good solicitor. But here, frankly, the worker had no excuse. The badge is sacred: you only clock it when you genuinely come in and go out.